Code of Criminal Procedure, 1898 — Section 473: Procedure where lunatic prisoner is reported capable of making his defence

473. Procedure where lunatic prisoner is reported capable of making his defence. If such person is 4[detained] under the provisions of section 466, and 5[in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them] shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 468 ;and the certificate of such Inspector­General or visitors as aforesaid shall be receivable as evidence. 474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released.__ (1) If such person is 6[detained] under the provisions of section 466 or section 471, and such Inspector General or visitors shall certify that, in his or their judgment, he may be 7[released] without danger of his doing injury to himself or to any other person, the 2[Provincial Government] may thereupon order him to be 7[released] or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum ; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.

(2)Such Commission shall make formal inquiry into the state of mind of such person, taking such evidence as is necessary, and shall report to the 2[Provincial Government], which may order his 8[release] or detention as it thinks fit.

(2)If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in sub-section (1), clause (b), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court ; and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of section 468, and the certificate of the inspecting officer shall be receivable as evidence.] CHAPTER XXXV PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 1 [476. Procedure in cases mentioned in section 195.__ (1) When any offence referred to in section 195, sub-section (1), clause (b) or clause (c), has been committed in, or in relation to, a proceeding in any Civil, Revenue or Criminal Court, the Court may take cognizance of the offence and try the same in accordance with the procedure prescribed for summary trials in Chapter XXII.

(2)When in any case tried under sub-section (1) the Court finds the offender guilty, it may, notwithstanding anything contained in sub-section (2) of section 262

(a)pass any sentence on the offender authorised by law for such offence, except a sentence of death, or imprisonment for life, or imprisonment exceeding five years, if such Court be a High Court, a Court of Session, a District Court or any Court exercising the power of a Court of Session or a District Court ;

(b)sentence the offender to simple imprisonment for a term which may extend to three months, or to pay a fine not exceeding 2[one thousand rupees] or both, if such Court be a Court of a Magistrate of the first Class, a Civil Court other than a High Court, a District Court or a Court exercising the powers of a District Court, or a Revenue Court not inferior to the Court of Collector ;

(c)sentence the offender to simple imprisonment for a term not exceeding one month, or to pay a fine not exceeding fifty rupees, or both, if such Court be a Criminal Court or a Revenue Court other than a Court referred to in clause (a) or clause (b).

(3)The powers conferred on Civil, Revenue and Criminal Courts under this section may be exercised in respect of any offence referred to in sub-section (1) and alleged to have been committed in relation to any proceeding in such Court by the Court to which such former Court is subordinate within the meaning of sub-section (3) of section 195.

(4)Any person sentenced by any Court under this section may, notwithstanding anything hereinbefore contained, appeal

(a)in the case of a sentence by the High Court, to the Supreme Court ;

(b)in the case of a sentence by a Court of Session, or District Court, or a Court exercising the powers of a Court of Session or a District Court, to the High Court ; and

(c)in any other case, to the Sessions Judge.

(5)The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section and the Appellate Court may alter the finding or reduce or enhance the sentence appealed against.